Who is called as dependent in the eyes of the law?
According to Workmens Compensation Act, 1923 [Section 2(d)]
"dependent" means any of the following relatives of a deceased workman namely:
(i) a widow a minor legitimate or adopted son an unmarried legitimate or adopted daughter or a widowed mother; and
(ii) if wholly dependant on the earnings of the workman at the time of his death a son or a daughter who has attained the age of 18 years and who is infirm;
(iii) if wholly or in part dependant on the earnings of the workman at the time of his death-
(a) a widower
(b) a parent other than a widowed mother
(c) a minor illegitimate son an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and minor
(d) a minor brother or an unmarried sister or a widowed sister if a minor
(e) a widowed daughter-in-law
(f) a minor child of a pre-deceased son
(g) a minor child of a pre-deceased daughter where no parent of the child is alive or
(h) a paternal grandparent if no parent of the workman is alive;
Explanation : For the purpose of sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son daughter or child include an adopted son daughter or child respectively.
Employees State Insurance Act, 1948
[Section 2(6A)]
"dependant" means any of the following relatives of a deceased insured person, namely,-
(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter;
[(ia) a widowed mother;]
(ii) if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm;
(iii) if wholly or in part dependent on the earnings of the insured person at the time of his death,-
(a) a parent other than a widowed mother,
(b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor,
(c) a minor brother or an unmarried sister or a widowed sister if a minor,
(d) a widowed daughter-in-law,
(e) a minor child of a pre-deceased son,
(f) a minor child of a pre-deceased daughter where no parent of the child is alive, or
(g) a paternal grand-parent if no parent of the insured person is alive,
Employment / Labour Laws in India (Latest Amendments included)
HRM linkage with Labour laws>>
Every HR Professional Should Know These Laws and Regulations
The Employees' Compensation Act 1923 (Amendment) Act, 2017
Payment of Gratuity Act, 1972(The Payment of Gratuity (Amendment) Act, 2018)
Payment of Wages Act, 1936 (The Payment Of Wages (Amendment) Act, 2017)
Employee State Insurance Act, [ESI] 1948
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
Child Labour (Prohibition & Regulation) Act, 1986
Contract Labour (Regulation and Abolition) Act, 1970
Industrial employment (standing orders) Act, 1946)
Maternity Benefit Act,1961 (Maternity Benefit (Amendment) Act, 2017)
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Rights of Persons with Disabilities Act, 2016
Laws That Protect You at Your Workplace in the United States